On January 23, 2019, on the basis of a Statement of Uncontested Facts on Liability, the Discipline Committee found that Dr. Hyson committed an act of professional misconduct, in that he has been found guilty of an offence that is relevant to his suitability to practise and he has engaged in conduct unbecoming a physician.
STATEMENT OF UNCONTESTED FACTS ON LIABILITY
Dr. Harvey Christopher Hyson (“Dr. Hyson”) is a neurologist practising at various office locations in southwestern Ontario. He received his certificate of registration authorizing independent practice in January 2002. At all relevant times, Dr. Hyson practised at the London Health Sciences Centre as a neurologist in London, Ontario, and held a position as an assistant professor in neurology at the University of Western Ontario.
In 2012, working in an undercover capacity, Detective Howe (“Det. Howe”), a member of the London Police Service Cyber Crime Unit, commenced an investigation using a free online classifieds website called “Craigslist”. Craigslist is a website that facilitates contact between people including through e-mail. Once an advertisement is posted on the website, e-mail responses are forwarded directly to the person who posted the advertisement.
On April 3rd 2012, Det. Howe, posing as a young girl, posted an advertisement stating, “$weet and Petite girl for you” on the Craigslist website. The advertisement was linked to a fictitious e- mail address used by Det. Howe in his communications in an undercover capacity. On the same date, April 3rd, 2012, Det. Howe, received a response from an e-mail address belonging to Dr. Hyson stating, “Interested in hearing more!” The e-mail signed off using the name “Rob”.
On April 3rd, 2012, Det. Howe, posing as a young girl named Janice, told Dr. Hyson that she was sixteen years old. Dr. Hyson arranged to meet with Det. Howe, whom Dr. Hyson believed to be a sixteen year old girl, to receive sexual services in exchange for three hundred dollars.
Between April 3rd, 2012, and April 12th, 2012, numerous e-mails were exchanged between Dr. Hyson and Det. Howe, continuing to pose as a young girl, discussing arrangements to meet for sexual services. On April 11th, 2012, Det. Howe, for the second time, told Dr. Hyson that she was sixteen years old. Dr. Hyson responded with “Ok”. On more than one occasion, Dr. Hyson asked Det. Howe to send him a photograph of herself. On April 11th, 2011, Det. Howe sent Dr. Hyson a photograph of a young female.
On April 12th, 2012, the following e-mail exchange occurred between Det. Howe and Dr. Hyson:
Dr. Hyson [e-mail address] sent at 9:56 a.m.:
Still for meeting today? How recent is that pic?
Det. Howe [e-mail address] sent at 10:18 a.m.:
Hi i am ok for this afternoon, what is it u want to do then I want to make sure the $ is ok
Dr. Hyson [e-mail address] sent at 10:24 a.m.:
Just some oral and straight up sex. Nothing too exotic. Anything in particular that you like? Have you done this before?
Det. Howe [e-mail address] sent at 10:32 a.m.:
Ok oral and straight sex is good, don’t forget to bring your money. Is 2 or 3 good. I will give u the number to text me soon. I am going to be at the Knights Inn on Dundas.
Dr. Hyson then arranged to meet Det. Howe, whom he believed to be a sixteen year old girl, at 3:00 p.m. at the corner of Manitoba Street and Whitney Street in London, Ontario. Det. Howe provided a (police) cell phone number for Dr. Hyson to contact. Dr. Hyson texted the police cell phone number when he was approaching the agreed-upon location saying that he was “Just 10 minutes behind.”
On April 12th, 2012, shortly after 3:00 p.m., police observed Dr. Hyson approach the agreed- upon location in his vehicle. Police initiated a stop and Dr. Hyson was arrested. On arrest, three hundred dollars in cash was seized from Dr. Hyson’s front pocket and a cell phone from his car. Three hundred dollars was the price agreed on by Dr. Hyson and Det. Howe, posing as the sixteen year old girl, for the anticipated sexual services that Dr. Hyson would receive.
Police conducted an investigation into the Internet Protocol Addresses (“IP address”) associated with the e-mails exchanged between Dr. Hyson and Det. Howe. Dr. Hyson sent the emails from his personal IP addresses and also from an IP address belonging to the University of Western Ontario, and other IP addresses associated to London Health Sciences Centre.
On December 20th, 2016, Dr. Hyson pleaded guilty before Justice Gorman in the Superior Court of Justice in London Ontario, to one count of attempting to stop a motor vehicle for the purposes of obtaining the sexual services of a prostitute, contrary to section 213(1)(a) of the Criminal Code of Canada (as it stood on April 12th 2012).
The Crown Attorney and Dr. Hyson’s counsel made a joint submission on sentence for a suspended sentence and an order of six months’ probation. The joint submission was accepted by Justice Gorman.
Dr. Hyson does not contest these facts, nor does he contest that these facts constitute professional misconduct, in that he has been found guilty of an offence that is relevant to his suitability to practice, and has engaged in conduct unbecoming a physician.
AGREED STATEMENT OF FACTS RELEVANT TO PENALTY
Voluntary Undertaking – January 2018
On January 14, 2018, Dr. Hyson entered into a voluntary undertaking in lieu of an Order under section 25.4 of the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, S.O. 1991, C-18. This superseded an earlier undertaking dated March 12, 2015 that Dr. Hyson had voluntarily entered into as a result of the investigation into the subject matter of these proceedings.
The January 2018 Undertaking provides that Dr. Hyson was to notify staff at his Practice Location s (a nursing home) of his practice restriction by providing a copy of the Undertaking to management. Further, the undertaking provides that Dr. Hyson was to ensure that the manager or other person in charge during each of his shifts at his Practice Location s was aware of his practice restriction.
Breach of Undertaking
McCormick Home is a long-term care home in London, Ontario. Dr. Hyson provides care to one resident at McCormick Home. In 2018, Dr. Hyson attended at McCormick Home to provide care to the resident and also provided consultations through the Ontario Telemedicine Network (“OTN”).
On January 11, 2019, the College received information that Dr. Hyson had not notified the Administrator or any nursing leader of his practice restrictions. While providing care at McCormick Home, Dr. Hyson did not, at any time, notify any member of the staff of McCormick home of his practice restrictions or provide a copy of the Undertaking to the management as required by the terms of his undertaking.
Dr. Hyson breached his January 14, 2018 undertaking with the College.
Relevant College History
Apart from the matter at hand, Dr. Hyson has no prior history with the Discipline Committee.
DISPOSITION
The Discipline Committee ordered that:
- The Registrar revoke Dr. Hyson’s certificate of registration effective immediately.
- Dr. Hyson appear before the panel to be reprimanded.
- Dr. Hyson pay costs to the College in the amount of $6000.00 within 30 days of the date of this order.
Terms and conditions imposed on certificate by: Member